UAE clarifies return conditions for engagement presents and dowry payments
UAE's New Engagement Gift Law Clarifies Recovery of Expensive Gifts
The United Arab Emirates (UAE) has introduced a new Federal Personal Status Law, aiming to address conflicts over engagement gifts. According to the law, engagement is defined as a man's proposal and a woman's acceptance, which does not constitute marriage and allows either party to withdraw.
The law distinguishes between engagement gifts and dowry. Only clear evidence can reclassify a gift as part of a dowry. Gifts valued above Dh25,000 can be reclaimed if an engagement is called off. However, the law does not provide details on the return of gifts in cases of divorce.
Court records show a case where a man sued five people for allegedly defrauding him after spending over Dh500,000 on gifts and cash for a promised marriage. In another case, a woman was ordered to return Dh150,000 along with her dowry after filing for divorce before moving into the marital home.
The law also covers cases where the dowry has been used to buy items for marriage preparations, allowing recovery depending on who withdraws and why. If an engagement ends without fault from either party, such as death, gifts are not returned.
It is important to note that the new law does not address the issue of whether a divorced woman can remarry before the final judgment in the UAE. Additionally, the law does not provide information on whether a divorced mother can regain custody after remarriage, a related topic that the article refers to.
The law allows for the recovery of dowry paid during engagement if the marriage contract is not completed, either in kind or by value. However, the law does not specify details on the return of gifts in cases of divorce. Only clear evidence can reclassify a gift as part of a dowry, making it recoverable.
In a separate lawsuit, a man is demanding Dh700,000 in gifts and cash from a woman who did not marry him despite promises. This case highlights the potential for disputes over engagement gifts and the need for clear guidelines, which the new law aims to provide.
The UAE's new engagement gift law is a step towards addressing disputes over expensive engagement gifts and clarifying the rights of both parties in case of a broken engagement. However, it does not cover all aspects of personal status law, leaving some questions unanswered, such as the issue of remarriage and custody.
